This might be a taboo topic...

[Christi and Ian 24]

I've spoken to an immigration attorney who frankly said that it would be a 1 in 1000 chance of getting deported after arriving on a tourist visa and then marrying & applying for change of status?

Wow - not sure I'd want an attorney that is that nonchalant about breaking the law...

[trillium13 84]

Just know that an AOS from a VWP is not a walk in the park (even when it's done the legal way, unlike what you propose). I'd ask for you to please not abuse this, but I think this is falling on 'blind eyes'. This is coming from someone currently going through the VWP->AOS process.

This exactly. As one who went through the AOS process from VWP I can tell you that it is no fun. Why? Because of all the worrying over everything that all previous posters have already mentioned.

For reasons I won't go into now, we had no other choice but to adjust this way. If we had any other way to have done it we would have, we were literally sick from the anxiety of it all. I don't know why anyone would take the risk if they didn't have to. But some people just never seem to worry about anything.

Edited January 28, 2010 by trillium13

[SuperDuper! 230]

Depends on how much of a gambler you are. Are you willing to risk a chance of getting a life time ban from entering the US-----that is for the remainder of your life--------just to save what will probably be less than a year apart? You can still come visit during the K-1 process if you can prove strong ties to your home country.

So the question is "Are you feeling lucky".

Edited January 28, 2010 by Hopp

[Christi and Ian 24]

It would only take USCIS talking to one family member or friend who knew this was coming, and it becomes fraud...for his interview, I left Ian w/letters from friends / family, and it's my understanding they all have to include contact information...could be wrong, but I'm just sayin'...

[Corinthians 7]

The way some people go on about this you would think that the time spent separated from your loved one involved at least one of you being stuck in federal pound-me-in-the-a$$ prison in the interim, with frequent taser sessions and a diet of gruel. (Please note -- I said VWP countries.)

I love Office Space.

[beatlesrebel 0]

It is because of people like you US has implemented such strict and a long process. You know that you are doing the wrong thing "I'm thinking about popping over on a tourist visa, and then 'spontaneously' getting married and applying for an adjustment of status. " and yet you post here to seek reassurance?

One piece of advice, 5 months to a year away from a loved one is better then 3,5,10 or even life!

Couldn't have said it better myself!

[SuperDuper! 230]

Couldn't have said it better myself!

I bet Otto could say it better!

[elmcitymaven 9,712]

I love Office Space.

Me too! I love when they beat the cr@p out of the printer.

[freetv 7]

I look at it this way.....

1. If you get caught your looking at spending a much longer time apart then ANY VISA type would take to get.

2. Its illegal

3. Your going to need the medical no matter what visa you end up getting (even if that visa is via the vwp). So what are your real savings? Not that much in my opinion...

[trailmix 77]

You only need to do one thing to find out if this is ok, you certainly do not need to spend money on a lawyer.

When you enter the United States, tell the representative at your POE that you are entering the U.S. to get married and file an adjustment of status. If it is ok, they will certainly let you in, if not, then they won't let you in (they won't btw in case there is any question).

It is illegal to enter the United States, without the correct visa when you have immigrant intent. It is probably very tempting for many people, but it is against U.S. law and breaking the law while entering the country you intend to immigrate to - it's just not a good idea.

I do agree with those that have said that this topic does seem to get a little too heated in most discussions about it - while the OP breezed around and read a few posts here, she/he may not know exactly what the repercussions of doing what he/she planned are.

[FortLaudy 10]

When you enter the United States, tell the representative at your POE that you are entering the U.S. to get married and file an adjustment of status. If it is ok, they will certainly let you in, if not, then they won't let you in (they won't btw in case there is any question).

Bingo ! Have you ever heard of anyone actually saying that and what happened? Can only imagine, would love to hear a true story.

We were worried about this exact same problem at POE after travelling together being engaged, I know we would have been in two different lines and I could have just taken my engagement ring off and said I was entering to continue going to school but they always look at your ticket don't they, I also clearly remember being asked a few times at POE "did you travel alone", this is where I would have had to say, yes, with my fiancee, surely they would have asked: "Is he a USC? " answer: yes = clear immigrant intent on non-immigrant visa. Also they ask the address where you're going to stay at in the USA... gonna lie about that too? It's a gamble and about how good of a lier you are.

[trailmix 77]

Bingo ! Have you ever heard of anyone actually saying that and what happened? Can only imagine, would love to hear a true story.

We were worried about this exact same problem at POE after travelling together being engaged, I know we would have been in two different lines and I could have just taken my engagement ring off and said I was entering to continue going to school but they always look at your ticket don't they, I also clearly remember being asked a few times at POE "did you travel alone", this is where I would have had to say, yes, with my fiancee, surely they would have asked: "Is he a USC? " answer: yes = clear immigrant intent on non-immigrant visa. Also they ask the address where you're going to stay at in the USA... gonna lie about that too? It's a gamble and about how good of a lier you are.

I know of at least 1 - and they received a 1 year ban.

[rin and john 71]

So the most reasonable path would be to enter the USA on VWP, get married, file the I-130, depart (before I-94 expiry) back to home country to finish the process. In doing this, legal requirements are met and the time apart is minimal. Of course this assumes the intending immigrant can be out of work for that whole time.

[Boiler 46,043]

So the most reasonable path would be to enter the USA on VWP, get married, file the I-130, depart (before I-94 expiry) back to home country to finish the process. In doing this, legal requirements are met and the time apart is minimal. Of course this assumes the intending immigrant can be out of work for that whole time.

Certainly an option.

Reasonable is subjective.

[GabiandVi 34]

Bingo ! Have you ever heard of anyone actually saying that and what happened? Can only imagine, would love to hear a true story.

We were worried about this exact same problem at POE after travelling together being engaged, I know we would have been in two different lines and I could have just taken my engagement ring off and said I was entering to continue going to school but they always look at your ticket don't they, I also clearly remember being asked a few times at POE "did you travel alone", this is where I would have had to say, yes, with my fiancee, surely they would have asked: "Is he a USC? " answer: yes = clear immigrant intent on non-immigrant visa. Also they ask the address where you're going to stay at in the USA... gonna lie about that too? It's a gamble and about how good of a lier you are.

I'm not saying that you wouldn't get caught if you intended to immigrate entering on a non-immigrant visa, and I'm in no way promoting any attempt to do so, but my husband has entered on a non-immigrant visa three times, all since we've been married.

He came with me the first time, and they let us both go through the non-USC line. That eased my mind because it was his first visit to the US and I didn't know what sort of hassle he would face. He was pulled into a back room. We had to wait a short time. He was asked a couple of questions that seemed pretty routine to me, and we were sent on our way.

The second time he entered alone. I was already here on maternity leave. I had sent a letter for him to show in case he had trouble. No trouble at passport control, but he had a a few clothes packed in a small suitcase inside an otherwise empty larger suitcase, and he got a LOT of hassle in customs. I had asked him to bring the empty larger suitcase because I knew we would have a lot of stuff to bring back to China with us for our newborn.

This last time he was coming here to visit his wife and child, both USCs living in the US. Again, I worried and sent a letter in case he was hassled at passport control. He was waved through without any questions. He didn't need to show my letter. This was since the underwear bomber, and his flight had originated in West Africa. He has a six-month round trip ticket. I don't know if that made a difference.

In every case, the address he has given has been either mine or my parents' address. Also, he has been granted three tourist visas since our marriage, and in every case, the CO knew he was married to a USC, and with this last visa, they knew I and my daughter were living in the US and his purpose of travel was to visit us.